Updated: July 7, 2021
Thank you for using Social Insiders! These Terms of Service govern your access to and use of the Social Insiders website and apply to your participation in Campaign Opportunities, and all services offered by Social Insiders. Please read these Terms carefully, and contact us if you have any questions. By accessing or using Social Insiders, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the terms of these Terms, please do not use the Site.
Our Service: Our mission at Social Insiders is to connect you with the brands you love and provide you with great brand Campaign Opportunities. Social Insiders distributes products and product information so that Influencers can share their honest and unbiased opinions about products or services. To do that, we send you brand Campaign Opportunities we think will be relevant, interesting, and personal to you based on the information you provide and your onsite and offsite activity. It’s customized to you. To provide our Service, we need to be able to identify you and your interests. We try to ensure that all content provided to you is tailored to you. We need to know what you like in order to send you applicable offers. We may terminate or suspend your ability to use the service if you breach any of the Terms.
Definitions of key terms are provided at the end.
1. How we make changes to this policy:
Each time you use the Site, the current version of the Terms will apply. We may amend the Terms from time to time. Accordingly, when you use the Site, you should check the date of this Policy (which appears at the top) and review any changes since the last version. We reserve the right in our sole discretion to change, modify, add or remove any portion of these Terms, in whole or in part, at any time by posting revised terms on the website. Your continued use of the website and/or the services signifies that you accept the changes.
2. Who Can use Social Insiders:
You may use Social Insiders if you can legally form a binding contract with Social Insiders, and only in compliance with these Terms and all applicable laws. When you sign up for Social Insiders, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is not allowed. By accessing or using the website and/or service, you are accepting these terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement (on behalf of yourself or the entity you represent.) You may not access or use the website or services or accept this Agreement if you are not at least 18 years old. You represent and warrant that you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder. This Site and its services are intended for participation in the United States only and shall only be construed according to, and governed exclusively by United States law. Do not participate in Social Insiders if you are not a legal resident of and physically located in one of the fifty United States or District of Columbia at any time of entry.
3. Our license to you:
Social Insiders gives you official permission to use our super cool services. These Terms explain all of the details about your use of this service. This agreement is between you and us, not your friend Kevin. Kevin needs to make his own agreement with us. You can’t give him yours. The most current version of these terms is the version that is active. Previous Terms no longer apply.
4. Our Relationship:
Social Insiders is for connecting Influencers with Brands, products, and/or services. By participating in this program as an Influencer you acknowledge that you are not employed by Social Insiders or our Brand Partners. Nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. Influencers have no authority to commit, act for, or on behalf of Social Insiders or Brand Partners, or to bring Social Insiders or Brand Partners to any obligations or liability. Influencer shall not be eligible for and shall not receive any employee benefits from Social Insiders or Brand Partners and shall be solely responsible for payment of all taxes, FICA, Federal and State unemployment insurance contributions, state disability premiums, and all similar taxes and fees in relation to the fees earned by Influencer.
5. Communication:
When you become a Social Insiders Influencer or send emails to us, you are communicating with us electronically. You consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on this Site through the other services. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additionally, by signing up as a Social Insider you are subscribing to an email list and are providing your consent to participate in that email list. You may opt out of that email list at any time by clicking unsubscribe at the bottom of any email or contacting our team.
6. Feedback:
If you provide Social Insiders with any suggestions, comments, or other feedback relating to the Website, samples, or Services, Social Insiders may use such Feedback freely and may share the same with Brand Partners. Accordingly, You agree that: (a) Social Insiders is not subject to any confidentiality obligations in respect to Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all the necessary rights to disclose the Feedback to Social Insiders, and (c) You are not entitled to receive any compensation or reimbursement of any kind from Social Insiders or its Brand Partners. You agree that submission of any ideas, suggestions, documents, and/or proposals to us, including through any suggestion, feedback, or forums pages is at your own risk and that we have no obligations with respect to such Feedback. You represent and warrant that you have all right necessary to submit the Feedback. You hereby grant us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and sublicense the foregoing rights without restriction and in all media known and later developed.
7. Brand Opportunities:
We love coming up with new and exciting opportunities to share with you and listed below are a few examples of opportunities we might offer. Brand Opportunities include but are not limited to the following:
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- FREE product in exchange for review: Product will be sent to you free of charge for you to keep in exchange for your unbiased honest review of the product or service.
- Paid / Sponsored Review Campaigns: Product will be sent to you free of charge for you to keep in exchange for your unbiased honest review of the product or service as well as a previously agreed-upon fee, and signed contract with additional terms and guidelines (Brand Specific/Campaign Specific).
- Coupons & Discounts to share with followers: Coupons and discounts will be distributed to selected influencers free of charge. Influencers are welcome to share the offers with their followers on blog posts and social media posts.
- Contests & Giveaways: Offer your followers exclusive access to Brand sponsored Contests & Giveaways.
- Brand Ambassador: Become a champion for your favorite Brand. Brand ambassador relationships will require acceptance of additional contract terms, brand-specific and depending.
- Social Media Amplification: Be the first to know about great products and services and let your audience in on the info. We will share promotional images and information for you to distribute to your followers.
8. Campaign Opportunities:
The fun of Social Insiders is participating in our great Brand Campaigns. We will send out offers as they become available to your according to your specific interests and if we have decided you are a great fit for the campaign.
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- How Campaign Opportunities Work: Essentially, you apply for the brand campaigns that interest you most, if selected you will receive campaign materials, share your opinion on the product or service, and then fill out a short survey.
- Check your inbox: Social Insiders will email out Brand Campaign Opportunities to Influencers who have opted in to receive our email newsletter and who meet our Eligibility Requirements.
- Apply: Influencers interested in the Brand Campaign Opportunities will apply for a chance to participate during the open application for that campaign.
- Selection: Influencers that have completed the application form completely within the designated timeframe will be considered for participation. Each Campaign Opportunity will have a specified maximum number of slots available for participants. Influencers are selected on an individual basis for brand Campaigns from the pool of eligible applicants and must meet specific requirements for each campaign which may include criteria provided by Social Insider’s clients. ONLY Influencers who meet the criteria for the Campaign Opportunity and Eligibility Requirements will be notified via email and selected to participate in the campaign.
- Review: Selected Influencers for the Brand Campaign will be sent the product or service free of charge and are encouraged to share their honest and unbiased opinion of the product or service with their followers either via blog post, social media post, or word-of-mouth depending on the campaign guidelines.
- Feedback: After the completion of the campaign Influencers will be asked to fill out a short survey about the product or service. Failure to complete two (2) Post Campaign Surveys will make you ineligible for ALL future campaigns. No exceptions.
- We sometimes make changes: Life happens and from time to time we might need to make changes to Campaign Opportunities and we reserve the right to postpone, change and/or cancel any scheduled or running campaigns or Campaign Opportunities at any time.
- Not Guaranteed to receive product: By signing up to receive Campaign Opportunities with Social Insiders, you acknowledge that you are NOT GUARANTEED to receive anything in return, including, Campaign Opportunities, Campaign kits, complementary products, and/or any other promotions or giveaways promoted on this website, emails or social media sites.
- Meet Specific Requirements: Members who are selected for the items mentioned above must meet specific requirements for each program, which Social Insiders may or may not disclose to members. These requirements are solely determined by Social Insiders and may change at Social Insiders discretion at any time. We reserve the right to deny access to campaigns to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.
- Set Number of Campaign Materials: We are provided a limited number of campaign materials for each opportunity. Sometimes due to circumstances beyond our items get lost in the mail. Social Insiders may use both FedEx, USPS, or other services to deliver materials to participating influencers. Social Insiders adheres to a strict policy of sending one Campaign Kit per household address per program, regardless of whether or not multiple qualified Influencers reside in the same household. Social Insiders is not responsible in the event that packages are not delivered on a scheduled date, are mis-delivered, lost, or stolen, or delivered to an incorrect address. Social Insiders packages our products securely and safely and are not responsible for damaged items. Social Insiders does not deliver to P.O. box addresses.
- Products & Services are for you not for your profit: Any items you receive as part of a Social Insiders Program (eg. free products, prizes, etc) are not for resale. All products an influencer receives from Social Insiders are meant only for the recipient to review, unless otherwise noted, as in the case where recipients are meant to share with a family member or friend or asked to hold a giveaway. In the case that an Influencer is unable to use a product, he or she may pass it along to a friend. In no case is it acceptable for any Influencer to resell a product received through a Social Insiders Program either online or offline. If an Influencer is found to be exchanging products received via Social Insiders for cash, they will be removed from accessing all future Campaign Opportunities.
- Conflict of Interest: Prior to accepting any Brand Campaign, Influencer will disclose any conflict of interest (e.g., if Influencer is working for a similar program for a competing Brand or is an employee of a competing Brand.)
- Businesses & Competitors: If you are a business, organization, company, commercial endeavor, venture, etc. you are prohibited from using the Services. If you are a competitor or acting on behalf of a competitor of Social Insiders, you do not have the right to access the Services. You will not use any information you obtained from Social Insiders or our Brand Partners, or any third party to compete with Social Insiders or in any way that would be detrimental to Social Insiders.
- Campaign Ask: By signing up for a Brand Campaign you acknowledge you have the authority and ability to perform the campaign requests.
9. Campaign Participants:
We take great joy in reading every blog, and social media channel from those influencers that sign up to be Social Insiders. You take great pride in creating high-quality content and we value your work and voice and want to connect you with opportunities that are in line with your personal brand. Failure to comply with any and all guidelines, influencers will be removed from the Social Insiders and disqualified from any current campaigns, and ineligible for all future campaigns. We reserve the right to monitor and review your account, content, and activity for compliance with this Agreement. Social Insiders and/or Brand Partners may for any reason remove Content or Publicity Materials from its platforms and other media. However, we have a few standards we like to follow for the influencers we select:
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- Located in the United States: We partner with US brands and therefore select US influencers for those campaigns. As soon as we expand we would love to add more friends from all over the globe. Europe does sound beautiful this time of year!
- Produce quality engaging content: Social Insiders Brand Campaigns are for established Influencers who frequently publish high-quality unique and original (produced by you) content to their blog site and channels. They have traffic of at least 1,000 visitors per month to their blog, or at least 1,000 followers on one social media channel. Their blog/ social channels are at least 6 months old and actively maintained without a content gap of more than 2 months.
- Real humans: Artificial people or other non-living persons created solely by law are not eligible. R2-D2, I’m sorry buddy.
- Act Professional: You will act in a professional manner, in accordance with the highest standards in the industry by following deadlines, directions, laws, etc. If we or our Brand Partners have a reasonable specific ask/direction/guidelines you will comply with them to the best of your ability. Content or posts shall be free of typos, incorrect grammar, or non-functioning/dead links. You will create and supply content that is unique and original and has not been published previously. Content posted for a Campaign Opportunity will remain linked and unaltered from the original submission for a minimum of 90-days in the case of a blog or 30-days in the case of a tweet and Instagram in order for the Marketplace to validate the fulfillment of the Campaign Opportunity.
- Keep it family-friendly: The content you publish you your site/blog and/or social media channels MUST be family-friendly (PG). You must not promote and/or link Social Insiders or Brand Partners with inappropriate content.
- Be Safe: You will not take any action that may harm the environment or endanger the health and safety of Social Insiders or Brand Partners employees or the public.
- Be Honest: You must reflect your honest opinions, findings, beliefs, or experience. You may not convey any express or implied representation that is deceptive in nature. For example, deceptive representation might be any representation of a medical benefit, or unapproved use (not listed on the product itself). If you create content with misleading and/or deceptive we will remove you from the campaign and Social Insiders, and you could face legal action. You will not knowingly or recklessly make any false, misleading, or disparaging remarks about Social Insiders or Brand Partners Products/Services.
- Brand Materials: All Brand copyrighted materials, trademarks, service marks, etc. shall remain the property of Social Insiders and/or the Participating Brand(s), and grants the Influencer a limited, revocable right throughout the Term to use its copyrighted materials, trademarks, and service marks, only to the extent expressly permitted herein or otherwise in writing.
- Removal Request: Social Insiders and/or Brand Partners reserve the right, in their sole discretion, to require that you immediately remove or otherwise refrain from publishing any Content related to a campaign. If you fail to remove such Content or markets, displays, promotes, advertises, distributes, broadcasts, disseminates, or publishes Brand Content without Brand Approval, that Influencer (1) shall be in breach of these Terms and its account may be terminated; (2) shall not be entitled to any payment set forth in the Offer if applicable; and (3) may be liable to the Brand for damages to the fullest extent permitted by law.
- Nobody likes Spam & Cookies: Don’t send unsolicited emails and please comply with all CAN-SPAM regulations. You must only send commercial emails to those who opted-in and consented to receive such commercial email. It is our policy that the marketing of any of our Brand Campaigns by way of SPAM is prohibited. Please do not ‘cookie stuff’ or use any forced method to inject a cookie, a visitor must click an active link.
- Abide by Platform Rules: By sharing or posting about Brand Campaigns on other platforms such as Facebook, Twitter, Snapchat, Pinterest, etc you agree to abide by the terms and policies set by these platforms.
- All content does NOT and will NOT include: libelous, defamatory, knowingly false, profanity, violence, racial intolerance, illicit drugs/drug paraphernalia, pornography, adult or mature content, Illegal activity, infringes upon the legal rights of others, endorsement any form of hate or hate group, violent or derogatory of any ethnic/racial/gender/religious/professional/age group, promote alcohol, tobacco, firearms/weapons (or the use of any of the foregoing), promote any particular political agenda or message, infringe on any patents/copyrights,/trademarks/trade secrets/other intellectual property rights, or violate the rights of privacy/publicity/other rights of any third party.
- Don’t be Harmful or Negative: Do not promote any activities that may be construed as unsafe or dangerous. You will not act or engage in any practice or conduct that is in any manner detrimental to the reputation of the Social Insiders or Brand Partners or the Company Products/Services.
- Follow All Laws & Regulations: It’s required that you demonstrate a full sense of responsibility and comply with all applicable laws and regulations, especially those of the FTC. You will disclose your relationship to Social Insiders and Brand Partners following all current FTC guidelines, any other applicable laws, regulations, or rules when posting content to your blog or social media. If you fail to abide by endorsement guidelines and choose not to properly disclose, Social Insiders and Brand Partners are not responsible for the costs associated with those violations and are subject to removal from the Social Insiders.
- Amazon.com: We will never ask you to review a product on Amazon.com. Please do NOT review products on Amazon.com that are either sent to you directly from us or purchased by you from Amazon.com on behalf of a Social Insiders Campaign.
- Sweeps & Giveaways: If you decide to run sweepstakes, giveaways, or a contest in relation to products you receive associated with a campaign you are fully responsible for all aspects of that sweepstakes/giveaway/contest/etc. including, but not limited to: the terms of entry, all associated administrative issues, fulfillment, and ensuring complete regulatory compliance (including compliance with COPPA and other applicable regulations).
- Taxes: You understand you may receive products or services free of charge. Anytime an influencer receives a taxable benefit, they MUST report this benefit on their taxes (Home State & Federal). In cases such as Paid /Sponsored Content, additional contracts and terms may be applied, and additional TAX information will be required.
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10. Affiliate Links:
We offer special Brand Campaigns that contain affiliate links given to you via a unique URL. Once you have been accepted into a campaign with an affiliate link, you will receive the text link, and/or banner or button links to the site. We may change the type or appearance of these links at any time. You may display these links throughout your site however you would like. You may not alter, modify or expand these links in any way without our prior written consent. To allow accurate tracking, reporting, and referral fee accrual, you must make sure that each of the links between your site and the campaign site uses YOUR unique URL that was given to you when you were accepted into the campaign. You will only earn referral fees through your unique URL. Social Insiders is not responsible for influencer’s failure to receive any commission due to the incorrect formatting or configuration of the unique URL. We are not liable for any fees lost from incorrect use of your unique URL. Social Insiders is not responsible for affiliate payments, your failure to use your unique URL properly, or cancelation or changes to the campaign. As an affiliate, you may earn referral credit, as specified by the Partner Brand’s campaign, and will be paid according to the participating Brand’s payment schedule, and subject to the participating Brand’s terms of use/service.
11. Paid/Sponsored Review Campaigns:
You agree to provide Social Insiders with information to enable remittance of your earnings on the site. This information may include Tax ID information, legal name, address, etc. The amount you earn on Social Insiders is determined based on the agreed price between you and the Campaign Manager when you sign up for a campaign and the Campaign Manager accepts your request and rate. Compensation will be subject to verification and approval that Influencer performed the Services in accord to the agreed upon Scope of Work. The payment to Influencer of the required Compensation, willfully discharge all of Social Insiders and Participating Brand’s obligations hereunder Social Insiders and/or Brand Partners shall not be obligated to produce, broadcast, post, or publish any of the Content or to utilize Influencer’s Services hereunder. If payment is made via Paypal or another service that requires a transaction fee, the fee will be deducted from the Influencer’s commission. All earnings on Social Insiders which haven’t been claimed within 90 days by providing such information on the website will be forfeited.
12. Publicity:
We may use your name or blog and/or social media URL(s) when showing off your amazing work with our campaigns. Some of the places we may showcase your brilliance could be postings on our site, newsletters, advertisements, and other communications.
13. Engagement with Brand Partners:
So friend, we work super hard to hook you up with some sweet services on behalf of Brands. By using Social Insiders, you agree that you will in no way attempt to go behind our back to work with any Brand Partners directly. All Influencer communications with Brand Partners will be done through Social Insiders. Specifically, you agree not to solicit business directly from the Brand Partners. That would be uncool. In the event that Brand Partners act super shady and contact you directly to solicit you or your services, you will notify Social Insiders immediately of such contact. We do not want to work with Brands that act that way. Social Insiders understand the necessity of protection against the unfair competition of circumvention of the other party and the nature and scope of such protection has been carefully considered by each party.
14. Warranty & Disclaimers:
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. It is terrible that sometimes people are inappropriate. We cannot control what other people post, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Services. You accept and agree that it is beyond our control: To limit which users gain access to the Site or use the Services, What effects the content may have on you, How you may interpret or use the Content, or What actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services. Social Insiders is a distributor only. We do our best to not work with anyone who posts such content and we would really like it if anything offensive is brought to our attention. Products distributed by Social Insiders are not manufactured by Social Insiders. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if present). Social Insiders assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Social Insiders does not offer warranties on any product, except those stated in this document.
15. Surveys & Sweeps
Surveys and sweepstakes/giveaways sponsored by Social Insiders or Brands/clients may be made available to Social Insiders Influencers. Visiting our sites or using them as an Influencer is not conditional on your participation in these surveys or sweepstakes. All sweepstakes will be accompanied by individual Terms of Service.
16. Links & Framing
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlinks to appropriate parts within the site provided that: (i) you post your link only within the forum, chat, or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. You must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
17. Third-Party Services
The Services may contain links to third-party websites. When you click on a link to a Third-Party Website, we will not warn you that you have left the services and are subject to the Terms of Service (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of Social Insiders. Social Insiders is not responsible for any Third-Party Websites. We provide these Third-Party Websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of all Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any translation with any such third party.
18. Content
You may view, download for collection purposes only, and print pages or other contents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not republish, sell, rent or sub-license any materials from this website including republication on another website; you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
19. Intellectual Property Rights
The Web allows people throughout the world to share valuable information, ideas, and creative works. Isn’t that neat? To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Social Insiders and/or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You promise not to steal our stuff and claim it as your own. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the Program or proprietary information related thereto. You also promise not to copy exactly what we do for your own profit. By submitting Public Content or any other content on the site or otherwise through the service, you grant Social Insiders a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the contents in connection with the site, the service and Social Insiders; (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites, and feeds). Anything you share with us can be used by us. You also grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative work of, display and perform such content in connection with their use of the site and service.
20. Publicity Materials:
We like what you do. Our brands like what you do too. When you produce excellent content for a campaign, we may like to use that content. During the Term and thereafter, Influencer grants to Social Insiders and Brand Partners a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to copy, display, distribute, and otherwise use Influencers’ Likeness and Influencers’ Marks to promote the Content and Influencers’ relationship with Social Insiders and/or Brand Partners. Influencer agrees that Social Insiders and Brand Partners by use Influencer’s Publicity Materials under this Agreement in whole or in part and may alter them provided their general sense is not changed. Influencer agrees that Social Insiders and Brand Partners may copy, display, distribute, and otherwise use Influencer’s Publicity Materials in perpetuity after the Term has expired. Influencer acknowledges and agrees that Publicity Materials that Social Insiders and/or Brand Partners distribute to third parties or in third party platforms may be retained by those third parties and made available by them indefinitely. Influencer agrees that Social Insiders shall have no obligation or responsibility with respect to such Publicity Materials in a third party’s custody or control. Influencer agrees that Influencer shall have no right to review Publicity Materials before Company uses them. Influencer irrevocably releases and forever discharges Social Insiders and all employees from all actions, causes of action, suits, claims, and demands whatsoever which Influencer may have against any of them that are related to using of Publicity Materials in accordance with this Agreement.
21. Privacy Policy:
You have read our privacy policy, right? If yes, then you know already that our Privacy Policy is part of our Terms of Service and by accessing or using the Service, you agree to be bound by all of its terms and conditions. If you have not read it, you may do so here.
22. Confidentiality:
You can keep a secret. You agree not to disclose information you obtain from us and or from our clients, advertisers, or suppliers. Influencers shall not disclose any of Social Insiders or Brand Partners’ confidential information without prior written consent. Such information shall include the financial terms and other information about the Influencer’s Services. All Social Insider’s Confidential Information, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Social Insiders to Influencer, is confidential and solely for Influencer’s use. Confidential information may not be disclosed or copied unless authorized by Social Insiders or Participating Brand in writing. Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of Influencer’s breach of this Agreement; (ii) is obtained by Influencer on a non-confidential basis from a third- party that was not legally or contractually restricted from disclosing such information; or (iii) Influencer establishes by documentary evidence, was in Influencers procession prior to Social Insiders or Participating Brand’s disclosure hereunder. Upon Social Insiders or Brand Partners request, Influencer shall promptly return all documents and other materials received from Social Insiders and or Brand Partners. All information submitted to Brand Campaigns are the proprietary information of Social Insiders. Such customer information is confidential and may not be disclosed. Persons accessing Social Insiders agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
23. Limitation of Liability:
IN ALL CIRCUMSTANCES SOCIAL INSIDERS MAXIMUM LIABILITY IS LIMITED TO $100. SOCIAL INSIDERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEED THIS LIABILITY LIMIT. SOCIAL INSIDERS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS, FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SOCIAL INSIDERS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. Influencers and users of the Site and Service shall hold harmless Social Insiders and its Brand Partners, and all employees, from and against any and all damages of any kind (including reasonable attorney fees and costs) arising out of any action or proceeding by any third party bases upon: (i) Influencers breach of this Agreement, (ii) and Content, information, work product or material supplied, uploaded or posted by an Influencer; (iii) the infringement of the rights of any person or entity related to the use of any Content of Publicity Materials under this Agreement; or (iv) Influencer’s negligence, fraud, or willful misconduct. Influencer will give Social Insiders prompt written notice of any claim that any Content or Publicity Material infringes the rights of a third party. We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at any time. The information, content, and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.
24. Waiver & Serviceability of Terms:
Sometimes we miss things. If there is a violation of these terms that we do not catch right away, that does not mean that the violation is allowed. These terms are always in effect and will remain so in their entirety while we find and remedy any problems. Any waivers allowed will be on a case-by-case basis and cannot be used for any other breaches. In the event that any provision of these Terms of Service is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply to the maximum extent permitted by law, and the remainder of these Terms of Service shall remain valid and enforceable according to its terms.
25. Entire Agreement:
This agreement shall be governed by and construed in accordance with the laws of California, without any reference to the conflict-of-laws principles. The agreement describes and encompasses the entire agreement between us and you, and supersedes all prior agreements with respect to the Site, the content and materials provided by or through the Site, and the subject matter of this agreement.
26. Choice of Law Jurisdiction; Forum:
We are from San Jose, California, and will handle all of our legal matters here. Regardless of where you may live or your local laws, we are only bound by the laws of our courts. Any dispute, controversy, or difference which may arise between the parties out of, in relation to, or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction in the courts of San Jose, California.
27. Term:
This Agreement will remain in full force and effect when you use the Website. You may unsubscribe from our emails at any time. We may terminate your subscription to our emails for any reason at any time. Even after your subscription is terminated, certain sections of this Agreement will remain in effect.
28. Parties:
These Terms are a contract between you and Social Insiders, a Zooka Creative Company.
DEFINITIONS:
In this policy, the following definitions are used:
- Agreement: The entire Terms of Service described her between Social Insiders and users of the Site and Service
- Brand Partners: Brand name companies that Social Insiders partners with for Campaign Opportunities.
- Campaign Manager: The Social Insiders Team member that oversees the Brand Campaign.
- Campaign Opportunities: Sponsored Content, Free Product for review, Brand ambassadorship, Social Media Amplification, Coupons, and discounts, etc. Any type of brand campaign that we offer is considered a campaign opportunity.
- Feedback: Information about reactions to a product, a person’s performance of a task, etc., used as a basis for improvement.
- “You” and “Your” “Influencer” “Subscriber”: You, the visitor and user of the Service.
- Influencers’ “Likeness”: Influencer’s name, signature, and picture
- Public Content: refers to information that you submit or post to or through the site and/or service for public display, such as photos, comments, reviews, and your public profile information.
- Publicity Materials: together, the Influencer Likeness and Marks
- Scope of Work (SOW): Where the task to be performed is outlined.
- Influencers’ Marks: Influencer’s domain names, trademarks, and logos, etc.
- Confidential Information: All non-public, confidential or proprietary information
- Site: www.social-insiders.com the Social Insiders Website
- SPAM: sending unsolicited e-mail or sending of emails that are misleading, spoofed, contain misleading subject lines, contain inaccurate or misleading sender or recipient data, or violate applicable State or Federal Statute. Also includes similar, abusive behavior in a third party or “chat room” or website or sending of unsolicited or misleading Instant Messages, Chatroom, Newsgroup, ICQ, or IRC messages. Such behavior could include automatically sending scripted text (and website URLs) disguised as “chat” or conversation into any third party chat room
- Terms of Service: aka Terms
Contact Us If You Have Any Questions: If you have any questions or concerns regarding our Terms, please contact us: info@social-insiders.com